Terms of Use

Effective 12/11/04

Acceptance of Terms Thank you for visiting the Fusion Radio Networks web site. Use of this web site is subject to these Terms Of Use, which will ensure that this web site remains useful, fun, and safe for everyone. Fusion Radio Networks reserves the right to change these Terms of Use at any time, and you agree that each visit you make to this web site shall be subject to the Terms of Use posted on the web site at the time of your visit.

Personal and Non-commercial Use Limitation The services on this web site are intended for the personal, non-commercial use of persons 13 years of age and older. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this web site. Privacy and Protection of Personal Information See the Privacy Policy for information on the collection and use of your information.

Notice Specific to Documents Available on this Web Site Documents provided on this web site, e.g. contest rules, etc., are for informational and non-commercial use only.

Member Account, Password, and Security If any of the services on this web site requires that you open an account, you must complete the registration process by providing current, complete, and accurate information. If you are required to choose a password and user name, you will have the sole responsibility for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Fusion Radio Networks immediately of any unauthorized use of your account or any other breach of security. Fusion Radio Networks will not be liable for any loss whatsoever that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fusion Radio Networks or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use As a condition of your use of the services provided by this web site, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any Fusion Radio Networks server, or the network(s) connected to any Fusion Radio Networks server, or interfere with any other party’s use and enjoyment of any services. You may not attempt to gain unauthorized access to any services, other accounts, computer systems, or Networks connected to any Fusion Radio Networks server or to any of the services, through hacking, password mining, or any other means. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the services provided on this web site.

Use of Services The services on this web site may include e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other messages or communication facilities designed to enable you to communicate with others (collectively referred to as “Communication Services” or “Communication Service”). You agree to use these Communication Services only to post, send, and receive messages and material that are proper, and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree to refrain from doing any of the following:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages, commercial or otherwise. • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information. • Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity), unless you own or control the rights thereto or have received all necessary consent to do the same. • Use of any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. • Falsify or delete any copyright management information, such as author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses. • Violate any applicable laws or regulations. • Create a false identity for the purpose of misleading others. • Use, download, or otherwise copy or provide, whether or not for a fee, to a person or entity any directory of users of the services or other user or usage information or any portion thereof.

Fusion Radio Networks has no obligation to monitor the Communication Services. However, Fusion Radio Networks reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Fusion Radio Networks reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Fusion Radio Networks reserves the right at all times to disclose any information that Fusion Radio Networks deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Fusion Radio Networks ‘s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Fusion Radio Networks does not control or endorse the content, messages, or information found in any Communication Services. Therefore, Fusion Radio Networks specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Fusion Radio Networks spokespersons, and their views do not necessarily reflect those of Fusion Radio Networks .

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Materials Provided to Fusion Radio Networks or Posted at Fusion Radio Networks Web sites Fusion Radio Networks does not claim ownership of the materials you provide to Fusion Radio Networks (including feedback and suggestions), or which you post, upload, input, or submit to any services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting (“Posting”) your Submission, you are granting to Fusion Radio Networks , its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet sites and/or businesses (including, without limitation, all Fusion Radio Networks Communication Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Communication Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Fusion Radio Networks is under no obligation to post or use any Submission you may provide, and Fusion Radio Networks may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures, or that are otherwise graphical, in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided, however, that such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Links to Third Party Web sites Sites linked to this web site may not be under the control of Fusion Radio Networks . Fusion Radio Networks is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Fusion Radio Networks is not responsible for webcasting or any other form of transmission received from any linked site. Fusion Radio Networks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fusion Radio Networks of the site.

Submissions Any communication or other material submitted or posted to this web site will be considered non-confidential, and by posting or otherwise submitting any communication or other material, you automatically grant Fusion Radio Networks a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. Fusion Radio Networks is not responsible for any material posted on our Forums.

Fusion Radio Networks does not represent or guarantee the truthfulness, accuracy, and reliability of any communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk. Fusion Radio Networks might not screen communications in advance and is not responsible for screening or monitoring material posted by users. Fusion Radio Networks reserves the right to remove any material that violates the above conditions, is otherwise inappropriate, or does not positively contribute to the forum.

Contests From time to time, Fusion Radio Networks may conduct contests. See the Official Contest Rules for the relevant contest for specific rules.

Export Control The United States controls the export of products and information. You agree to comply with such restrictions and not export or re-export any materials associated with this web site to countries or persons prohibited under export control laws. By viewing or downloading any such materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.

Conflict of Laws This site is controlled and operated by Fusion Radio Networks from its offices in the State of Maryland, United States of America. Fusion Radio Networks makes no representation that materials in this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this web site and the materials associated with this web site may not be legal by certain persons or in certain countries. If you access this web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law principles. Any action you, any third party or Fusion Radio Networks bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the State of Maryland, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Fusion Radio Networks with respect to the use of this web site and shall not be modified except in writing, signed by an authorized representative of Fusion Radio Networks . Fusion Radio Networks and its affiliated and related entities (“Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Fusion Radio Networks and its affiliated and related entities (“Fusion Radio Networks “) reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of Use and visit this page periodically to review the Terms of Use, because they are binding on you.

Unsolicited Idea Submission Policy Neither Fusion Radio Networks , nor any of its employees, accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, or marketing techniques. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Fusion Radio Networks ‘s marketing strategies or services seem similar to ideas submitted to Fusion Radio Networks . If you decide to send your ideas, Fusion Radio Networks makes no assurances whatsoever that such information will be treated as confidential or proprietary.

Disclaimer This web site and the materials associated with this web site are provided on an “as is” basis without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Fusion Radio Networks disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of third parties’ rights. Fusion Radio Networks does not warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this web site and/or its server will be free of viruses and/or other harmful components. Fusion Radio Networks does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this web site. If your use of this web site or the materials, services, text, graphics, and or links associated with this web site results in the need for servicing or replacing equipment or data, Fusion Radio Networks is not responsible for those costs. The material associated with this web site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of Fusion Radio Networks or its content providers, advertisers or sponsors and Fusion Radio Networks makes no representations or warranties regarding that information or those opinions.

The information published on this web site was valid at the time of publication. Fusion Radio Networks reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.

Limited Liability In no event shall Fusion Radio Networks or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fusion Radio Networks or any of its affiliated or related entities are advised of the possibility of such damages.

Indemnification You agree to defend, indemnify and hold harmless, Fusion Radio Networks , its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of the terms of this Agreement.